CASE COMMENTS: PUBLIC ACTIONS – FRANCE - PRICE-FIXING – ELECTRICITY REGULATION – ENTREPRENEURIAL FREEDOM

Electricity regulation: The French Constitutional Council holds that paragraphs III and IV of Article 62 of the Energy and Climate Act does not breach the constitutional entrepreneurial freedom (Law on Energy and Climate)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. The Constitutional Court was seized of the constitutionality of two paragraphs of Article 62 of the Energy and Climate Act adopted by Parliament on 26 September 2019 (Act No. 2019-1147 of 8 November 2019 on Energy and Climate). This law is in line with the will already affirmed by the legislator (Law no. 2010-1488 of December 7, 2010 on the new organization of the electricity market) to establish a competitive electricity supply market while the incumbent operator EDF (Electricité de France) retains a dominant position in electricity production. The objective pursued by the legislator is oriented towards consumer satisfaction. Consumers must be

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  • University Paris II Panthéon‑Assas

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Jeremy Martinez, Electricity regulation: The French Constitutional Council holds that paragraphs III and IV of Article 62 of the Energy and Climate Act does not breach the constitutional entrepreneurial freedom (Law on Energy and Climate), 7 November 2019, Concurrences N° 2-2020, Art. N° 94522, pp. 209-211

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